Akron Law Review, Vol. 57 [2025], Iss. 1, Art. 2
68
AKRON LAW R EVIEW
[57:49
employment (because they lack social security numbers), 113 or
government benefits including social security benefits. 114 In turn, without
identification, some applicants could not access financial services, even
to deposit a check, 115 or to vote. 116 Birth registration is the step that allows
individuals to have their “presence in society [be] legitimized” to be
“recognized as a productive member of society.” 117
Second, these individuals’ experiences indicate that the U.S.
government agencies did not recognize them as citizens. Many sought
birth registration to access benefits like authorization to work in the
United States or to register to vote—privileges of U.S. citizenship. When
government agencies deny individuals these privileges, those agencies
indicated that they did not recognize the individuals as U.S. citizens.
Third, registering their births with the state of birth was a prerequisite
to establishing U.S. citizenship. In several instances, the individuals
mentioned above were able to resolve their predicament after (and only
after) their birth was registered through state-delayed registration
processes. 118 Others, in addition to obtaining state registration, also had to
sue a federal agency to obtain recognition of citizenship; none were able
to resolve their status without state birth registration. These experiences
demonstrate that registering a person’s birth with the state is a prerequisite
to securing federal recognition of U.S. citizenship.
The next Part discusses the relationship between federalism and
delayed birth registration processes.
that Timothy Tucker sought birth registration to obtain a driver’s license); Born in the USA, supra
note 107 (noting that Jamie Lanosga was unable to obtain a driver’s license without birth registration).
113. See RadioLab, supra note 2 (noting that, without a social security number, Alecia
Pennington could not work); see also Schreiner & Barrouquere, supra note 104.
114. Angelino v. N.Y.C. Dept. of Health, No. 156470/2019, 2019 WL 4575695, at *1 (N.Y. Sup.
Ct. Sept. 17, 2019).
115. Diekneite & Garrison, supra note 52 (quoting a lawyer recounting that a client was unable
to cash a check without photo identification, which the client could not obtain without a birth
certificate).
116. See RadioLab, supra note 2.
117. Tucker v. New York City Dep’t of Health, 785 N.Y.S.2d 862, 863 (Sup. Ct. 2004).
118. See RadioLab, supra note 2 (noting that, after birth registration, Alecia was able to obtain
a driver’s license and to vote); Barrouquere, supra note 106 (noting that the two sisters, after
registering their birth, sued the Social Security Administration and reached a settlement allowing
them to obtain social security numbers).
https://ideaexchange.uakron.edu/akronlawreview/vol57/iss1/2
20